A. 
Established. A city building board of appeals is established. The board of appeals is established under the authority of California Building Code Section 113, adopted by the city at Chapter 15.04 of this code. The board will hear and decide appeals of orders, decisions or determinations made by the building official in the application and interpretation of the codes adopted under Chapters 15.04 and 15.06 of this code.
B. 
Number of Members. The building board of appeals consists of three members.
C. 
Definitions. In this chapter, unless otherwise apparent from the context:
"Board"
means the building board of appeals.
"Building official"
means the city's chief building official.
"Code"
means any of the codes adopted under Chapters 15.04 and 15.06.
"Member"
means a member of the board.
(Ord. 1024 § 2, 2021)
A. 
Qualifications.
1. 
General Qualifications. The board will consist of three members who are qualified by experience and training to pass on matters pertaining to building construction (such as building officials, licensed contractors, engineers, and architects). When an appeal concerns the Fire Code (Chapter 15.06), at least one of the members must be qualified by experience with the Fire Code.
2. 
Chief Building Officials or Similarly Experienced Individuals. The board will consist of three current or retired chief building officials or similarly experienced individuals from surrounding jurisdictions, chosen on a case-by-case basis. A member qualified under this subsection (A)(2) may not have an interest in property which is the subject of the appeal to the board.
3. 
Alternative Board Membership. As an alternative to subsection (A)(2) above, the board may consist of members meeting the following qualifications:
a. 
Must be a resident of the city.
b. 
May not be an employee or elected officer of the city, but may be a member of another city board or commission.
c. 
May not have an interest in property which is the subject of the appeal to the board.
B. 
Time of Appointment—Term.
1. 
Chief Building Officials or Similarly Experienced Individuals. For members appointed pursuant to subsection (A)(2), the city clerk will maintain an eligibility list of chief building officials or similarly experienced individuals from surrounding jurisdictions. When the city receives an appeal requiring a hearing of the board, the city clerk will promptly select three board members on a random basis from the eligibility list. Once appointed, each member is subject to city policies related to commissioners. Members of a specifically constituted board will serve only until the matter appealed has been concluded and the board members' participation is no longer required. If the board cannot establish a quorum for a particular matter within the time limits established by law, then the city manager is delegated the authority to appoint a temporary board member(s) for that particular matter, who will have the requisite experience described in Section 2.52.020(A)(1).
2. 
Alternative Board Membership. For members appointed pursuant to subsection (A)(3), the city clerk will maintain an eligibility list of candidates appointed by the mayor with the approval of the city council and through an interview process that includes the city council. When the city receives an appeal requiring a hearing of the board, the city clerk will promptly select three board members on a random basis from the eligibility list. Once appointed, each member is subject to city policies related to commissioners. Members of a specifically constituted board will serve only until the matter appealed has been concluded and the board members' participation is no longer required. If the board cannot establish a quorum for a particular matter within the time limits established by law, then the city manager is delegated the authority to appoint a temporary board member(s) for that particular matter, who will have the requisite experience described in Section 2.52.020(A)(1). In such instance, the temporary board member is not required to be a resident of the city.
(Ord. 1024 § 2, 2021)
All members serve without compensation. The board may not employ consultants or incur other expenditures without prior approval of the city manager.
(Ord. 1024 § 2, 2021)
A. 
Removal from Office. Members qualified under Section 2.52.020(A)(3) may be removed from office (or an eligible candidate removed from the eligibility list) by a majority vote of the city council.
B. 
Vacancies. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(Ord. 1024 § 2, 2021)
Once appointed, the board will meet to elect a chair and vice-chair, and to set the time and place of its meetings.
The community development director will serve as secretary to the board and as an ex officio nonvoting member of the board. When an appeal is heard regarding the Fire Code, the fire chief of the city's primary fire service provider or his or her designee may sit as an ex officio nonvoting member of the board.
(Ord. 1024 § 2, 2021)
A. 
Meetings. The board will meet only when there has been an appeal of an order, decision, or determination of the building official under Chapter 15.04 or 15.06 of this code.
B. 
Rules and Procedures. The board will function in accordance with the Meeting Rules and Procedures approved by the city council.
(Ord. 1024 § 2, 2021)
A. 
Functions. The functions of the board are to hear and decide appeals of orders, decisions or determinations made by the building official in the application and interpretation of the codes adopted under Chapters 15.04 and 15.06 of this code. It will also serve as the appeal board when determinations are made regarding special conditions for persons with disabilities, under California Building Code Section 1.9.1.5 or California Health and Safety Code Section 19957.5.
B. 
Limitation on Appeals.
1. 
For an appeal to be heard by the board, an application for appeal must be based on a claim that:
a. 
The true intent of the applicable code or the related regulations has been incorrectly interpreted;
b. 
The provisions of the applicable code do not fully apply; or
c. 
An equally good or better form of construction is proposed.
2. 
The board has no authority regarding the interpretation of the administrative provisions of the code, or to waive requirements of the code. (California Building Code Section 113.2.)
C. 
Conduct of Appeals.
1. 
The board will exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code and the codes referenced in this code.
2. 
The board will follow fair procedural rules, including giving adequate notice of hearings to all parties, providing hearings open to the public, assuring that the hearing is commenced within sixty days after the date of the filing of the appeal, recording minutes of its proceedings, and providing copies of minutes for inspection as a public record.
D. 
Procedure of Petitions for Hearing of Appeals. Within ten days of the issuance of an order, decision, or determination of the building official, an appellant may file with the city clerk an appeal of that order, decision, or determination pursuant to the provisions of this chapter. Upon the filing of an appeal and appointment of the board under Section 2.52.020, the secretary will set the matter on the board's agenda for consideration. The secretary will give written notice of at least seven working days to the appellant, specifying the time and place of the hearing. At the hearing, the appellant will be given an opportunity to be heard and present any evidence to support the request. If necessary, the hearing may be continued.
E. 
Decisions. Within ten days after the close of the hearing(s) the board will formally report its decision in writing, including its findings of fact and reasons for the decision. The board will approve, approve with modifications, or deny the appeal, and will specify any conditions or limitations imposed. Within ten days after the decision, the secretary will provide a copy of the report of the board's actions to the petitioner or his or her representative at the address shown on the application and will maintain a copy in the board's permanent records.
(Ord. 1024 § 2, 2021)
The decision of the building board of appeals is final and may not be appealed to the city manager or to the city council.
(Ord. 1024 § 2, 2021)